GENERAL TERMS & CONDITIONS
1. Introduction / Preamble
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These general terms and conditions apply to all offers, deliveries, and services of the small business Nonsensevent, Conscious events in Crete, represented by Marieke Rodehorst (Owner). The version valid at the time of contract conclusion shall be authoritative. Our contractual partners are hereinafter referred to as the client, and Nonsensevent, Conscious events in Crete as the contractor.
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2. Conclusion of Contract
2.1. Offers from the contractor to the client are always non-binding unless expressly stated otherwise in written form. The contract is concluded upon the client's acceptance of the offer.
2.2. After the client's acceptance of the offer, the contractor is authorized to conclude contracts with third parties in connection with the event to be carried out on behalf and for the account of the client. The contractor is entitled to engage third parties to fulfill the contractually owed services.
3. Client's Contractual Obligations
3.1. The clients support the services of the contractor by jointly specifying in writing with the contractor the ideas and wishes in the Special Performance Description and fulfilling their obligation to cooperate.
3.2. If the client is in default with the fulfillment of its contractual obligations, especially payment obligations, the contractor is not bound by the agreed deadlines and dates.
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4. Prices
4.1. The company is subject to VAT and therefore invoices VAT to its customers.
4.2. If the price of an individual cost element (e.g., a preliminary product or several) changes, the price of the end product also changes, but only to the extent that the price change of the respective preliminary product affects the price of the end product proportionally.
4.3. In the event of unforeseen circumstances such as increases in raw material costs or general price increases due to inflation, prices may deviate from those in the cost estimate.
5. Payment
The timeliness of payment is determined not by the dispatch, but by the date of receipt of the payment by us or the credit at the payment location.
5.1. Payment Default If circumstances become known to the contractor after the conclusion of a contract that call into question the creditworthiness of the clients, especially if they suspend their payments or a check issued by them is not honored, the contractor is entitled to make all claims due and payable.
6. Accidents and Liability
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6.1. We take utmost care in providing our services and products; however, accidents may occur despite our best efforts.
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6.2 By engaging with our services or products, you acknowledge and accept the inherent risks involved.
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6.3 We shall not be held liable for any accidents, injuries, damages, or losses incurred during the use or consumption of our services or products, including but not limited to, allergic reactions, equipment malfunctions, or unforeseen circumstances.
6.4. It is the responsibility of the user to exercise caution and follow all instructions provided. In the event of an accident, we encourage users to seek medical assistance immediately and inform us promptly.
6.5. Our liability shall not exceed the value of the services or products purchased.
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7. Execution of Our Services
7.1. Correct and timely self-delivery is reserved.
7.2. All contracts necessary for the execution of this contract are concluded in the name and on behalf of the clients. The contractor is thereby authorized by the clients to conclude all contracts necessary or at least expedient for the execution and fulfillment of the contract on behalf of the clients.
7.3. The contractor is authorized to give instructions to suppliers engaged by the client to provide services for the event in the interest and on behalf of the clients.
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8. Copyright Protection and Usage Rights
8.1. All ideas, presentations, project sketches, project papers, concepts, plans, works, and layouts created by the contractor are the intellectual property of the contractor.
8.2. The works created by the contractor as well as ideas, presentations, project sketches, project papers, concepts, plans, and layouts are exclusively intended for the contracting party. Editing, exploitation, reproduction, and commercial distribution are only permitted with the consent of the contractor as the author. The execution of their conceptual work is solely reserved for the contractor.
8.3. Further use, transfer to third parties, or partial or complete realization of ideas, proposals, concepts, layouts, and texts presented within the scope of the collaboration require the client's consent and in any case prior agreement on appropriate remuneration.
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9. Reservation of Title and Self-Promotion
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9.1. All services rendered and products delivered remain the property of the contractor until all claims (including all balance claims from current accounts) have been fully settled.
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9.2. The contractor is entitled to use texts, designs, concepts, photos, and delivered goods from the present contract fulfillment for self-promotion and reference purposes. Furthermore, the contractor is entitled to take photographs during the event for self-promotion and reference purposes. Photos of individuals may only be used for advertising purposes if they expressly consent.
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10. Cancellation Conditions
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10.1. If the implementation of the event is prevented in whole or in part for reasons attributable to the client or if canceled by the client, the client bears all costs incurred up to the time of cancellation. For open-air events, the client bears the weather risk.
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10.2. If the planned event cannot be carried out due to force majeure, i.e., an unforeseen extraordinary circumstance beyond the control of both parties, both contracting parties are entitled to withdraw. This must be done by written declaration to the other party.
10.3. Termination of this contract is legally permissible for both parties for extraordinary reasons. Examples of such reasons include:
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Failure to provide contractually owed services despite written reminders and setting deadlines.
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Significant breach of contractual obligations by the other party, making further performance of the contract unreasonable.
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Initiation of preliminary insolvency proceedings against the assets of the other contracting party.
10.4. Termination must be made in writing to the other contracting party in any case.
10.5. In the event of the termination and the termination not caused by the contractor, the contractor shall reimburse the customer for services rendered to third parties from the customer's payments, provided that they are reimbursed by the respective contractual partners. If the respective contractual partners refuse repayment, the contractor is obliged to assign its repayment claim to the customer.
10.6. In the event of termination or termination not caused by the contractor, the customer shall reimburse the contractor for the expenses incurred up to the time of termination/withdrawal, as well as any expenses related to the contract. In addition, the contractor is entitled to claim a lump sum reimbursement of expenses. Instead of the reimbursement of expenses, the contractor is entitled to claim the actual expenses incurred. The assertion of payment claims remains unaffected.
11. Warranty, Liability, and Compensation
11.1. We provide warranty for our services within the framework of legal regulations in accordance with this contract. However, warranty claims are excluded if there has been a breach of our plans or explicit instructions, as well as in the event of faulty execution of orders by third parties. The same applies to errors attributable to information, recommendations, and instructions from the clients.
11.2. We are only liable for damages if intent or gross negligence can be proven against us within the framework of legal regulations, unless this violates the provisions of §§ 305 et seq. of the German Civil Code (BGB).
11.3. Please note the age restrictions for each event. Parents assume liability in all cases.
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11.4. The contractor shall not be liable under this contract for the consequences of force majeure. This includes, for example, orders from authorities, wars, civil unrest, aircraft hijackings, terrorist attacks, fires, floods, power failures, accidents, storms, strikes, lockouts, or other labor disputes affecting the services of the contractor or its suppliers. The same applies to the occurrence of circumstances that make the event impossible but were not caused by the contractor or are otherwise attributable to it.
11.5. Our liability shall not exceed the value of the services or products purchased.
11.6. The customer shall indemnify and hold harmless the contractor from any liability, claims, lawsuits, or damages arising from the use of the contractor's services or products, including but not limited to legal costs arising from third-party claims.